Association belge des Consommateurs Test-Achats ASBL v Conseil des ministres (2011) C-236/09, ECLI:EU:C:2011:100, is a decision of the European Court of Justice which invalidated a provision of Directive 2004/113/EC of the European Union which permitted the continence of sexual discrimination in the provision of insurance services provided that it was based on "relevant and accurate actuarial and statistical data."
A Belgian consumer association, Test-Achats, against the Belgian government claiming that the legal measure adopted by the government to transpose the Gender Directive into EU law violated the Charter of Fundamental Rights of the European Union.
On 1 March 2011 the ECJ ruled in favour of Test-Achats that Article 5(2) was in breach of the Charter of Fundamental Rights and therefore void.
The ruling means that after the transitional period ended all new insurance contracts entered into in the 27 European Union member states could no longer use sex to determine premiums paid or benefits granted.
The ruling was welcomed by many as a step forward for gender equality and for ending outdated practices but met with some controversy particularly from United Kingdom conservative politicians who felt the court was overstepping its power and in effect making its own legislation.